Difference Between the Constitutional and Statutory Bodies in India

Constitutional and Extra Constitutional Bodies

There are two types of bodies working:

1. Constitutional Bodies 2. Extra Constitutional Bodies

Constitutional Bodies

» Constitutional bodies derive their authority from the constitution. In other words, Constitutional Bodies are
formed by the Constitution which helps the Government to run properly.

» Each of these permanent or semi-permanent organisations is responsible for the administration of specific
functions.

» It is mandatory for the government to set up such a body and it cannot dispense off with it easily when it
becomes uncomfortable.

» Such bodies or institutions are written into the Constitution of a nation and can’t be abolished without
amending that part of the Constitution which sometimes also requires the consent of the states. And also can
be invalidated by the Supreme Court.

» All the constitutional bodies have dedicated article in the constitution.

» The chief of the constitutional bodies are appointed by either the President or the Prime Minister.

Examples of the Constitutional Bodies mentioned in the Constitution of India are:

Union Public Service Commission (UPSC) (Article 315)

The Comptroller And Auditor General Of India (Article 148)
Election Commission Of India (Article 324)
Finance Commission Of India
National Commission For Scheduled Castes (NCSC)
National Commission For Scheduled Tribes (NCST)
Attorney-General Of India (Article- 76)
Special Officer for Linguistic Minorities

Extra Constitutional Bodies

» An extra-constitutional body is an institution of government which is not defined in Constitution of India.

» Extra-Constitutional bodies or institutions are created either by an act passed in parliament or by the
resolution of a cabinet.

» There are two types of extra-constitutional bodies

1. Statutory Bodies 2. Executive Bodies

Satutory Bodies

» A statutory body is one that derives its existence and authority from a statute (i.e. law)

» Statutory bodies are those extra-constitutional bodies which are created by the act passed in the parliament
of India.
» The goals and objectives of a statutory authority are explicitly set out in the Originating act or in
subsequent governmental guidance or instruction.

» Such bodies are subject to change by a respective change in the law governing them.

» Statutory bodies can simply be abolished by an act of the parliament with the simple majority.

» Some Important Statutory Bodies

National Human Rights Commission (Protection of Human Rights Act, 1993)

National Commission for Women (1990 National Commission for Women Act)
National Commission for Minorities (National Commission for Minorities Act, 1992)
National Commission for Backward Classes (National Commission for Backward Classes Act, 1993)
National Green Tribunal (National Green Tribunal Act, 2010)
The Telecom Regulatory Authority of India (
Central Information Commission (Right to Information Act)
Central Vigilance Commission (
National Consumer Disputes Redressal Commission (Consumer Protection Act, 1986)
Armed Forces Tribunal (Armed Forces Tribunal Act, 2007)

Executive Bodies

» Bodies which are created by an executive order of any ministry of union or state are called executive
bodies.

» Executive bodies have no backing of constitution Parliament.

Example: Planning Commission (now replaced by NITI aayog), UIDAI (Aadhar card).

What do you mean by extra-constitutional body?

An extra-constitutional body is an institution of government which is not defined inConstitution of India but
are established by a resolution(decision) of union cabinet. For Example Planning Commission, National
Development Council etc.

Is Election Commission of India a constitutional body?

The Election Commission of India is an autonomous constitutional authority responsible for administering
election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, state legislatures,
and the offices of the President and Vice President in the country.

Is Finance Commission a quasi-judicial body?

The Commission works as an arbitrator, means to distribute taxes among union and state. Therefore it is
called a quasi-judicial body. But it's recommendations are not obligatory in nature as it is the Parliament
which acts as an apex body to hold or decide the government exchequer.

Is TRAI a statutory body?

The Telecom Regulatory Authority of India (Amendment) Bill, 2008. The Telecom Regulatory Authority of
India (hereinafter referred to as TRAI) is a statutory body set up by the Government of India under section 3
of the Telecom Regulatory Authority of India Act, 1997.

Is Niti AYOG a constitutional body?

Niti Aayog, like the Planning Commission, is not a constitutional body, which means it too is not
accountable to Parliament.